2007-2008- Volume 82, No. 1

Classification as a Florida resident for tuition purposes shall be based upon Section 1009.21, Florida Statutes and Rule 6A-10.044, Florida Administrative Code adopted by the Articulation Coordinating Committee September 6, 2006. The law states: “Applicants who execute the residency statement as Florida residents and whose application and other evidence appear entirely consistent with legal Florida residency for at least 12 months before the first day of classes of the term for which Florida residency is sought will be classified as Florida residents.”

For the purpose of determining residency status, “term” is defined as the beginning of a regular and/or express session for which residency is sought. If evidence of 12 months of residency cannot be established by the first day of the term but can be established before the start of the express session, residency may be granted for the express session provided that the student is not enrolled in any classes which start before the beginning of the express session.

1. The College shall follow Residency Guidelines for Florida Residency Guidelines for Tuition Purposes adopted by the statewide Articulation Coordinating Committee, Septermber 6, 2006 and any amendment that may be made thereto.

1. Students shall be classified as residents or nonresidents for the purpose of assessing tuition fees and other charges at the College.

   1. Dependent child is any person, whether or not living with a parent, who is eligible to be claimed by her or his parent as dependent under the Federal Income Tax Code.

   2. Legal resident or resident is a person who has maintained residence in this state for the preceding year, has purchased a home which is occupied by her/him as her/his residence, or has established a domicile in this state pursuant to Florida Statute 222.17.

2. Qualifications as a Resident for Tuition Purposes
   1. A person or, if that person is a dependent child, her/his parent or parents must have established legal residence in this state and must have maintained legal residence in this state for at least 12 months immediately prior to her/his qualification.
   2. Every applicant for admission to an institution of higher learning shall be required to make a statement as to length of residence in the state and, further, shall establish that her/his presence or, if she/he is a dependent child, the presence of her/his parent or parents in the state currently is, and during the requisite 12-month qualifying period was, for the purpose of maintaining a bona fide domicile, rather than for the purpose of maintaining a mere temporary residence or abode incident to enrollment in an institution of higher learning.

2. Every applicant for admission to the College must complete the Application for Admission form and must show evidence of having lived in Florida for at least 12 consecutive months before the first day of classes for the term for which Florida residency is sought.

3. Reclassification:
   Students classified as “nonresident for tuition purposes” who desire to be reclassified as ”residents for tuition purposes” must fully comply with the “resident for tuition purposes” requirements of this procedure and complete under oath the Florida residency affidavit section of the Application for Admission form.

Evidence That Can Be Required To Establish Residency

At least two of the following documents must be submitted, with dates that evidence the 12-month qualifying period. At least one of the documents must be from the First Tier. As some evidence is more persuasive than others, more than two may be requested. No single piece of documentation will be considered conclusive. Additionally, there must be an absence of information that contradicts the applicant's claim of residency.

First Tier (at least one of the two documents submitted must be from this list):
• Florida's driver license (if known to be held in another state previously, must have been relinquished) OR a State of Florida identification card (if evidence of no ties to another state)
• Florida voter registration card
• Declaration of Domicile in Florida (12 months from the date the document was sworn and subscribed as noted by the Clerk of Circuit Court)
• Proof of purchase of permanent home in Florida that is occupied as a primary residence of the claimant
• Transcripts from a Florida high school for multiple years (if Florida high school diploma or GED was earned within last 12 months)
• Proof of permanent full-time employment in Florida (one or more jobs for at least 30 hours per week for a 12-month period)
• Benefit histories from Florida agencies or public assistance programs

Second Tier (may be used in conjunction with one document from First Tier):
• A Florida professional or occupational license
• Florida incorporation
• Documents evidencing family ties in Florida
• Proof of membership in Florida-based charitable or professional organizations
• Any other documentation that supports the student's request for resident status

Examples of “other” documentation:
• Utility bills and proof of 12 consecutive months of payments
• Lease agreements and proof of 12 consecutive months of payments
• State or court documents evidencing legal ties to Florida

Unacceptable Documents (may not be used)
• Hunting/fishing license
• Library cards
• Shopping club/rental cards
• Birth certificates
• Passport

Additional Information

Florida law allows non-U.S. citizens such as permanent residents, parolees, asylees, refugees or other permanent status persons (e.g., conditional permanent residents and temporary residents), who have applied to and have been approved by the U.S. Bureau of Citizenship and Immigration Services with no date certain for departure shall be considered eligible to establish Florida residency for tuition purposes.

Nonimmigrants holding one of the following visas shall be considered eligible to establish Florida residency for tuition pur¬poses. Persons in visa categories not listed herein shall be considered ineligible to establish Florida residency for tuition purposes. Eligible Visas for residency: A, E, G, H-1, H-4, I, K, L, N, O-1, O-3, R, NATO1-7 and non-U.S. citizens who fall within the following categories shall also be considered eligible to establish Florida residency for tuition purposes.

1. Citizens of Micronesia and/or the Marshall Islands.
2. Beneficiaries of the Family Unit Program.
3. Individuals granted - temporary protected status; withholding of deportation status; suspension of deportation status or cancellation of removal; a stay of deportation status; deferred action status; deferred enforced departure status.
4. Applicants for adjustment of status.
5. Asylum applicants with the Bureau of Citizenship & Immigration Service (BCIS) receipt or Immigration Court stamp.

It is important to note that living or attending school in Florida is not tantamount to establishing a legal residence for tuition purpose. Maintaining a legal residence in Florida requires substantial physical presence as a condition.

For the purposes of determining residency for tuition purposes, continuous enrollment shall be defined as enrollment in at least two terms each 12-month period beginning with the student’s first enrollment in a community college or university.

Students who are attending SPC under a non-immigrant VISA status, F1-Student VISA or B2-Visitor VISA are not eligible for changes to their residency status except in certain circumstances. (Contact the campus International Student Office for details.)

Florida law provides that any person making a false statement to a public official shall be guilty of a misdemeanor and subject to a penalty of up to 60 days in prison and a fine of up to $500. St. Petersburg College reserves the right to withhold credit earned by an applicant who is found to have made false and fraudulent statements concerning legal resident status.

The foregoing information is not intended to answer all questions regarding residency. For additional information regarding whether a student meets the Florida residency requirements, contact the Admissions/Registration Office on your home campus/site/center.

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Last revised July 25 2007
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